Texaco, Inc. v. Central Power & Light Co.

In this case we consider whether Texaco may appeal to the court of appeals by writ of error, a method of appeal reserved for those who did not participate “in the actual trial of the case in the trial court.” Tex.R.App.P. 45(b). The court of appeals dismissed Texaco’s appeal, holding that Texaco participated at trial and therefore was disqualified to appeal by writ of error. 897 S.W.2d 854. We disagree. We reverse the judgment of the court of appeals and remand the cause for consideration of Texaco’s points of error.

I

Texaco hired an independent contractor, Industrial Electric Company, to…